JAI KISHOR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The court of learned 6th Additional Sessions Judge-cum-Special Judge (POCSO), Gopalganj, has, by a judgment dtd. 10/2/2021, passed in POCSO Case No. 24 of 2020 (CIS No. 24 of 2020) arising out of Sidhwaliya P.S. Case No. 187 of 2020, held the appellant Jai Kishor Sah guilty of the offences punishable under Sec. 376-AB, 302 read with 201/34 of the IPC and Ss. 5/6, 9/10 of the Protection of Children from Sexual Offences Act (POCSO Act for short). After having convicted the appellant for commission of the aforesaid offences, the learned trial court has sentenced him to death and the appellant has been directed to be hanged by neck till his last breath for the offence punishable under Sec. 302 of the IPC, by an order dtd. 20/2/2021. The appellant has also been awarded a fine of Rs.50,000.00 for the aforesaid offence and in case of default of payment of fine, the appellant has been sentenced to undergo imprisonment for a year. For the proved offence punishable under Sec. 6 of the POCSO Act, the appellant has been awarded life imprisonment till the remainder of his natural life with a fine of Rs.50,000.00 with a default clause. Further, for the proved offence punishable under Sec. 10 of the POCSO Act, the appellant has been sentenced to imprisonment for 7 years with fine, with a default clause. No separate sentence has been imposed for the offence punishable under Sec. 376-AB of the IPC resorting to Sec. 42 of the POCSO Act, in the light of the sentence of life imprisonment awarded for the offence punishable under Sec. 6 of the POCSO Act. Further the appellant has been sentenced to undergo imprisonment for 5 years for the charge punishable under Sec. 201 of the IPC with a fine of Rs.10,000.00, with default clause. For brevity and clarity, the findings of conviction and imposition of sentences are being placed herein below in tabular form:

(2.) All the sentences have been directed to run concurrently.

(3.) The learned trial court, after having passed the sentence of death, has submitted the records of the trial to this Court for confirmation of the sentence in accordance with Sec. 366(1) of the CrPC giving rise to Death Reference No. 4 of 2021. The convict has preferred an appeal against the judgment of conviction and the order of sentence passed by the learned trial court under Sec. 374(2) of the CrPC. This is the background in which these two matters have been considered by this Court and are being disposed of by the present judgment and order.